Boat's skipper convicted in tragic case

Date: December 03 2012

The skipper of a boat has been given a suspended sentence after being convicted of negligence in the death of a young passenger during a Sydney Harbour cruise.

In the Downing Centre Local Court on Monday, Magistrate Geoffrey Bradd said Danny Huynh's negligence had caused the death of Dong Suk Kim, an 18-year-old South Korean national, who was hit by the boat off Athol Bay near Mosman on September 19 last year.

Huynh, 32, from Abbotsbury, in Sydney's west, was the boat's skipper and a friend of Mr Kim.

He was given a six-month suspended sentence on his convictions for negligence causing death and operating a vessel with a low-range blood-alcohol level.

The court heard that several passengers had jumped off the boat about 5pm, but conditions deteriorated rapidly and strong winds and a swift current swept them away.

Most of the swimmers were rescued, but Mr Kim died shortly after he was hit by the boat.

"In a situation where three people were unable to reach the boat, Mr Huynh made the decision to turn on the motor, which I found was negligent because he was not aware of where the people were in the water," Mr Bradd said.

However, Mr Bradd noted Huynh was "concerned about the people in the water and concerned about their safety".

"There was no skylarking until unfortunately the weather turned, apart from the fact that Mr Huynh had a couple of beers," Mr Bradd said.

John Peluso, representing Huynh, said his client had been trying to rescue the swimmers in difficult conditions.

"Mr Huynh has experienced the loss of a friend," he said. "This is a particularly tragic case."

Huynh had paid for the victim's funeral and for the young man's father to come over from South Korea, Mr Peluso added.

Mr Bradd handed down a suspended six-month sentence and disqualified Huynh from holding a marine safety licence for 12 months.

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